Notice & Comment

Author: Thomas B. Griffith

Notice & Comment

The Presidential Commission on the Supreme Court

David Levi and I were two of the three former federal judges who served on the Presidential Commission on the Supreme Court. (Nancy Gertner was the other.) David and I co-authored an op-ed that appears in today’s Washington Post explaining our opposition to proposals to expand the size of the court and limit the terms […]

Notice & Comment

A New Test Or Merely A New Name For Some Regulatory Takings?

Much of the commentary about the Supreme Court’s recent decision in Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021), has focused on its implications for labor law.  Yet some of the Chief Justice’s language in the majority opinion suggests a substantial reworking of the Court’s approach to “regulatory takings”—an area that the Court has […]